R. v. TSE KA MING

CACC000439/1995

IN THE COURT OF APPEAL

No. 439 of 1995
(Criminal)

BETWEEN
	THE QUEEN	Respondent
	AND
	TSE KA MING	Appellant

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Coram: Bokhary, J.A. and Bewley, J. in Court

Date of hearing: 9 January 1996

Date of delivery of judgment: 9 January 1996

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J U D G M E N T

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Bewley, J.: (giving the judgment of the Court)

1. The applicant was convicted of one charge of robbery and was sentenced to a term of 3 years and 9 months by Deputy Judge Chu.

2. At 10 p.m. on 16th March, 1994, the applicant threatened a couple with a knife in a public park. He and his accomplice escorted the male victim to a nearby 7-Eleven store, where the victim changed a $500 note. The applicant took $300 and left. He was 19 at the time of the offence.

3. In July, 1994, he was convicted of smoking dangerous drugs and placed on probation. The probation officer has reported a poor response to probation. The Commissioner of Correctional Services has reported that he is drug dependent and suitable for the Drug Addiction Treatment Centre, but not the Training Centre or Detention Centre.

4. The applicant told the judge he did not wish to go to the DATC. Today he merely asks for a reduction in sentence.

5. The judge took a starting point of 5 years' imprisonment and gave the applicant a 25% discount for his youth. We cannot say that that was wrong and we refuse the application.

(K. Bokhary)	(E. de B. Bewley)
Justice of Appeal	Judge of the High Court

Representation:

Mr David Chan, S.C.C., for Crown/Respondent

Applicant (Tse Ka Ming) in person